Old Debt - DCA chasing

[Frugal]

I have posted in various places but thought I would post my story here as I think I might need more advice over the coming weeks/months. I am petrified of DCAs but since finding this site, thanks to another member I am feeling more confident of tackling these people.

 

This is the basic story...

I got a letter a few weeks ago from a debt company who are tracing a debt (which I had genuinely forgotten about) from a previous address some 7 years ago.

 

The original debt (made up partly of unfair bank charges) was taken out when roughly 17 years ago and I was paying back small amounts until I moved out of the previous address approx 7 years ago. (they still do not have my new address - they wrote to me at my previous address and that letter was passed on to me)

 

They say that they could not find me - I am sure it would not have been difficult. I have not been hiding and have had 2 mortgages, a car loan and various c cards since then so not exactly invisible on the financial front.

 

Anyway, someone on another unrelated website mentioned that they cannot pursue the debt if they have not been in touch for 6+ years.

 

DCA say they can they charge me interest for all this time ? They say they will freeze the interest once I begin making payments.

 

They have clearly made no attempt to find me for approx 7 years.

 

There appears to be no CCJ registered.

 

Thanks for taking the time to read this

 

Original debt - 1K before I was 18 - paid off some over several years

 

Debt now in excess of £2k

 

Latest: I have found a letter from this site quoting the Limitation Act 1980 and I intend to post that today.

 

I await their response.

 

Thanks for taking the time to read this - I am grateful for any advice/reassurances you can give

[dannyboy660]

A "statute barred" letter would be just the ticket

 

In the meantime, don't enter into negotiations with them of any kind, 'phone or letter. Do nothing. If they ring just sing "Jailhouse Rock" or any good Edith Piaf song down the phone at them.

 

Not Lowells by any chance??

[Frugal]

Thank you !! That cheered me up

 

No, Global Debt Recovery Ltd

[Frugal]

Oh and they mention FV-1 which I see has come up before on this fab site

[dannyboy660]

I have no experience of them at all, but you have nothing to worry about in any case, the debt is statute debt if there has been no payment or acknowledment for six years (five in Scotland, I think).

 

Just sit tight and SSSHHHHHH..........don't say anything to them.

[Frugal]

I meant to mention - I did talk to them once on the phone - stupid I know. I hadn't found out about this site then. Anyway - I remember I told them I would need to see proof of the debt and that I didn't recognise the amount as a debt I owed. I can't really remember what else Isaid to them as I was pooping myself. I did tell them I would be seeking advice before I did anything though. They have sent me a Direct Debit form which I intend to file away

[dannyboy660]

You'll be fine as long as you haven't acknowledged the debt, or made a payment of any kind.

 

Once they receive your statute barred letter, they may make a final attempt to get you to pay, but if you do not acknowledge or make a payment, there's nothing they can do, without getting permission from a court. But that is extremely unlikely as the debt appears to be made up of their imaginary charges, and could easily be challenged.

 

It may be possible to go after them for any illegal extra charges etc - but I think in this case it might better to just let sleeping dogs lie.

[Frugal]

What if I did 'acknowledge the debt' on the phone

 

Does it have to be in writing ? There was a message that told me that calls may be recorded.

[Frugal]

BTW - Thank you for all your help - much appreciated

[dannyboy660]

Don't worry too much. You didn't actually acknowledge it, you just said what you thought they wanted to hear to get rid of them. You did it under duress as they've been harassing you, and the chances of them actually having a recording are so small - they have nothing in writing and there has been no payment and thats the main thing.

 

Just do nothing - it's their move. Let them get that letter, and if they ring (they probably will) don't give in to any pressure whatever they say. If they threaten you with court just say "That's a good idea!!" in an Oliver Hardy fashion. There's a strong possibilty you might not hear from them again anyway.

 

 

Happy to help, keeps me occupied !!! .....but it's quite straitforward as it's statute barred. You have nothing to worry about - they'll give up.

[Frugal]

I shall do that - thank you Glad to have helped keep you occupied

 

I feel much more confident after finding this great website thanks to Smashedbobo

[ODC]

They do not record calls despite of what the may say. Could you imagine if a victim played demanded copies of all the threats lies and bullying some of these companies have made over the phone.If these were produced and played in court there would hardly be a DCA in the country still holding its liecence (sic). They are quick enough to deny any phone calls they have made so you can rest assured that they dont record every call. If they did they would open such an enormous floodgate that they would all be drowned in their own murky waters

[Suzylou]

Hi not barging your thread, but i got a letter yesterday in my previous name and for a debt I do not recognise, i intend to ignore it, I am a failed IVA if they look at my credit references and that is being removed from the records NOV 08. Can DRA come after you if it has been removed, I have noted the letters and am prepared to challenge this. Can DRA force you to sell your house, My husband and I have just managed to get a mortgage and I feel I may have screwed all this now. If I am a failed IVA technically am I bankrupt anyway? Any help would be aprreciated. Good luck Frugal horrible how this will stay and haunt it seems forever!!!!

[Frugal]

Update !

 

I got a letter today (still sent to my previous address ) saying...

 

"We strongly advise you to telephone IMMEDIATELY on receipt of this letter to discuss the repayment of this debt."

 

I don't think so

 

It says that their Client is FV-1

 

Still scared but feel a lot stronger for the support of this site

[Frugal]

Hi

 

I have sent off my letter re the Limitation Act telling the DCA that the debt is statute barred and have received this response...

 

Your name is registered as non-paying of a recorded debt.

 

To clear your address now telephone us on the above telephone number, and return the completed direct debit below to Global.

 

It is our intention to issue proceedings within 10 days of the date of this letter.

 

I have checked my credit report on Experian and I couldn't see anything on there, despite receiving an email saying there was an 'alert' on my file. There certainly hasn't been anything registered recently. Also, they don't have my current address anyway.

 

What should I do ?

 

Thanks for taking the time to read this.

[dannyboy660]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80247-why-do-dcas-continue.html

 

You may have already seen this, but there it is straight from the horses mouth, so to speak. If you follow the link and are lucky enough to find the article, it says they won't necessarily give up pressing for payment on a statute barred debt, but it can't be legally enforced.

 

The choice is yours now, but I would continue down the road of doing absolutely nothing. "Registered as non-paying of a recorded debt" means nothing in the real world. If they do not have your present address they can't do anything to your credit records anyway, and a simple check of the electoral roll will show them you don't live there. They're fishing, applying more pressure and waiting for you call them so they can scare you into submission, and at this stage that would be a big mistake. You have not acknowledged the debt, and not made any payment for six years +.

 

The debt is statute barred - it's as simple as that.

[Frugal]

Many thanks for your reply Dannyboy - Much appreciated

 

I will update if I hear anymore.

[ODC]

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/80247-why-do-dcas-continue.html

 

You have not acknowledged the debt, and not made any payment for six years +.

The debt is statute barred - it's as simple as that.

 

Thats it as simple as that. they can huff and puff as much as they want but in the end up they can do nothing if its Statute BArred

[Frugal]

 

Thank you

[Frugal]

UPDATE

 

Well, well, well !

 

Having sent off my letter from this site about my debt being Statute Barred I received this letter this morning from Global Debt Recovery...

 

"Our client has completed a review of the above and instructed us to close our file. If you have any further enquiries you should send your correspondence direct to FV-1."

 

The pessimistic side to me is wondering if they are now going to refer this elsewhere and come after me from a different angle but the optimist in me hopes that they will bu**ar off and leave me alone.

 

Anybody have any views on this ?

 

Cheers for reading

[ODC]

UPDATE

 

Well, well, well !

 

Having sent off my letter from this site about my debt being Statute Barred I received this letter this morning from Global Debt Recovery...

 

"Our client has completed a review of the above and instructed us to close our file. If you have any further enquiries you should send your correspondence direct to FV-1."

 

The pessimistic side to me is wondering if they are now going to refer this elsewhere and come after me from a different angle but the optimist in me hopes that they will bu**ar off and leave me alone.

 

Anybody have any views on this ?

 

Cheers for reading

They can refer it wheresoevr they like

Its statute barred and will always be statute barred. No doubt some sleazy DCA will buy it in the future and have another go at trying to squeeze some money out of you. The actual debt still exist but can NEVER be legally enforced once it becomes statute barred

[dannyboy660]

I think congratulations are in order.

 

You're in the clear....and it's perfectly legal too!!!

 

Any future contact from them can safely get the same the treatment.

 

All the best.

[Frugal]

Thank you DB

 

I am grateful to everyone who has helped me with this - I wouldn't have had a clue by myself

[Frugal]

I have heard nothing so I am hoping that this has been put to bed.

 

Thank you to everyone for your help - I couldn't have done it without the CAG

[colemnic]

Looks like I need to take the advice given in this thread - does anyone have a Statued Barred letter template??